NY State Senate Bill S2270A

Archive: Last Bill Status Via A5029 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2019	signed chap.32 delivered to governor
Mar 20, 2019	returned to assembly passed senate 3rd reading cal.169 substituted for s2270a
Mar 20, 2019	substituted by a5029a
Mar 04, 2019	advanced to third reading
Feb 28, 2019	2nd report cal. amended (t) 2270a
Feb 27, 2019	1st report cal.169
Jan 23, 2019	referred to energy and telecommunications

Votes

view votes

Mar 20, 2019 - floor Vote

A5029A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 27, 2019 - Energy and Telecommunications committee Vote

S2270

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2270 - Details

See Assembly Version of this Bill:: A5029
Law Section:: Public Services
Versions Introduced in 2017-2018 Legislative Session:: S8109, A11214

S2270 - Summary

Creates the "Finger Lakes community preservation act"; prohibits the siting of newly constructed incineration facilities in the Finger Lakes region.

S2270 - Sponsor Memo

 
BILL NUMBER: S2270

SPONSOR: MAY
 
TITLE OF BILL:

An act in relation to creating the "Finger Lakes community act of 2019"

 
PURPOSE:

This bill would create a special act prohibiting a waste to energy
facility from receiving a certificate of compatibility and public need
or a negative declaration under the New York State Environmental Quality
Review Act (SEQRA) if certain criteria are met.

 
SUMMARY OF PROVISIONS:

Section 1: Prohibits a waste to energy facility from receiving a certif-
icate of compatibility and public need or a negative declaration under
the New York State Environmental Quality Review Act (SEQRA) if the
following criteria are met: it poses a risk to the public health and
safety of a community within an environmentally sensitive area of the

state; and it is within 10 miles of a priority waterbody as designated
by the state as a critical source of drinking water and tourism driver
and as having vulnerabilities to harmful algal blooms; and is within a
thriving agriculture-tourism region serving as an economic engine with
over $1 billion of investment in the region and has created over 25,000
jobs; and there are existing state approved landfills or other solid
waste management facilities operating within a 50 mile radius of the
proposed site; and there is significant impact to the access roads
surrounding the proposed site; and it does not demonstrate a compelling
public purpose and the project can be located on an alternative site
that does not pose an environmental or economic threat to the region.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

Fundamentally, trash incinerators are not effective mechanisms for elec-
tricity generation, often producing less electricity than is expended to
burn waste materials, and at a higher cost. They also produce toxic ash
from burning a range of solid wastes which can vary widely in chemical
output, making compliance with emissions and toxic waste limits diffi-
cult. These facilities are effectively solid waste management facilities
which contravene New York's goals to increase recycling rates. These
types of facilities are different from other energy generating facili-
ties in that, through truck traffic, there is the importation of waste
on a daily basis.

Construction of the largest trash incinerator in New York State is
proposed for the Finger Lakes region, under an expedited permitting
process for siting electricity generating facilities. Siting a trash
incinerator in the Finger Lakes region, with the associated impacts of
air and ash pollution, will significantly damage the local tourism,
winery and agriculture industries as well as the lakes and farmland
throughout the area. In an area where three of the largest landfills in
NYS are located, this is an unacceptable area for a project of this
nature. Over 3 million tons of trash per year are located in this area
and the cumulative impact of adding more imported waste would have an

extremely negative effect on the public health and safety of the commu-
nity, the local businesses and the lakes.

This legislation would prohibit a waste to energy facility from receiv-
ing a certificate of compatibility and public need or a negative decla-
ration under the New York State Environmental Quality Review Act (SEQRA)
if the criteria listed above are met.

 
LEGISLATIVE HISTORY:

2018: S.8109-B passed Senate/A.11214 referred to Rules

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after February 1, 2019.

S2270 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2270

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 23, 2019
                               ___________

Introduced  by Sens. MAY, HELMING -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications

AN ACT in relation to creating the "Finger Lakes community act of 2019"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. It is the intent of this Legislature to
protect  the  Finger Lakes region from the adverse effects of the siting
of newly constructed incineration facilities, including but not  limited
to:  air  and  ash pollution, the additional traffic on the public roads
and damage to local tourism, winery and agriculture industries  as  well
as the lakes and farmland throughout the area. In an area where three of
the  largest landfills in New York State are located, over three million
tons of trash per year are imported into the Finger Lakes and the  cumu-
lative  impact of adding more imported waste for incineration would have
an extremely negative effect on the public  health  and  safety  of  the
community,  the  local businesses and the lakes. The Finger Lakes region
is a thriving agriculture-tourism region in  the  state  serving  as  an
economic  engine  with  over  one  billion  dollars  ($1,000,000,000) of
investment in the region and has created over 25,000 jobs.
  The Legislature hereby determines that the public interest requires  a
prohibition  on  the siting of newly constructed incineration facilities
in the Finger Lakes region.
  § 2. Short title. This act shall be known and  may  be  cited  as  the
"Finger Lakes community preservation act of 2019".
  §  3.  Definitions.  For the purposes of this act, the following terms
shall have the following meanings:
  a. "Incineration facility" shall mean a facility which generates elec-
tricity from the combustion, gasification or pyrolysis of solid waste or
from fuel from solid waste, provided that such term  shall  not  include

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04980-01-9

S. 2270                             2

any  facility constructed or in operation prior to the effective date of
this act.
  b.  "Solid  waste  management  facility" has the meaning set forth for
such term in subdivision 2  of  section  27-0701  of  the  environmental
conservation law.
  §  4. Permits and certificates. Notwithstanding any other law, rule or
regulation to the contrary, no certificate of environmental compatibili-
ty and public need shall be issued for the construction or operation  of
a  new  incineration  facility,  and no application for such certificate
shall proceed for such a facility, and no permit or  any  other  certif-
icate  shall be issued or granted by the state to such a facility if all
of the following criteria exist or are met:
  a. The incineration facility is within the Oswego  River/Finger  Lakes
Watershed.
  b.  There  is  at  least  one landfill or other solid waste management
facility permitted by the department of environmental  conservation  and
operating  or  located  within  a  fifty mile radius of the incineration
facility.
  c. The incineration facility is within 10 miles of a  priority  water-
body  as  designated  by  the  department of environmental conservation,
pursuant to section 17-1407 of the environmental conservation law.
  § 5. Severability. The provisions of this act shall be severable,  and
if  any  clause,  sentence,  paragraph,  subdivision or part of this act
shall be adjudged by any court of competent jurisdiction to be  invalid,
such judgment shall not affect, impair or invalidate the remainder ther-
eof  but  shall  be  confined  in its operation to the clause, sentence,
paragraph, subdivision or part thereof directly involved in the  contro-
versy in which such judgment shall have been rendered.
  §  6.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after February  1,  2019,  and
shall not apply to any facility in operation as of such date.

Co-Sponsors

S2270A (ACTIVE) - Details

See Assembly Version of this Bill:: A5029
Law Section:: Public Services
Versions Introduced in 2017-2018 Legislative Session:: S8109, A11214

S2270A (ACTIVE) - Summary

Creates the "Finger Lakes community preservation act"; prohibits the siting of newly constructed incineration facilities in the Finger Lakes region.

S2270A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2270A

SPONSOR: MAY
 
TITLE OF BILL:  An act in relation to creating the "Finger Lakes
community preservation act"

 
PURPOSE:

This bill would create a special act prohibiting a waste to energy
facility from receiving a certificate of compatibility and public need
or a negative declaration under the New York State Environmental Quality
Review Act (SEQRA) if certain criteria are met.

 
SUMMARY OF PROVISIONS:

Section 1: Prohibits a waste to energy facility from receiving a certif-
icate of compatibility and public need or a negative declaration under
the New York State Environmental Quality Review Act (SEQRA) if the
following criteria are met: it poses a risk to the public health and
safety of a community within an environmentally sensitive area of the
state; and it is within 10 miles of a priority waterbody as designated

by the state as a critical source of drinking water and tourism driver
and as having vulnerabilities to harmful algal blooms; and is within a
thriving agriculture-tourism region serving as an economic engine with
over $1 billion of investment in the region and has created over 25,000
jobs; and there are existing state approved landfills or other solid
waste management facilities operating within a 50 mile radius of the
proposed site; and there is significant impact to the access roads
surrounding the proposed site; and it does not demonstrate a compelling
public purpose and the project can be located on an alternative site
that does not pose an environmental or economic threat to the region.

**The amendments to this bill move the effective date back a year to
February 1, 2018, ensure that the bill shall not apply to any facility
in operation as of that date, and take the year 2019 out of the title of
the act so that it now reads "Finger Lakes community preservation act".

 
JUSTIFICATION:

Fundamentally, trash incinerators are not effective mechanisms for elec-
tricity generation, often producing less electricity than is expended to
burn waste materials, and at a higher cost. They also produce toxic ash
from burning a range of solid wastes which can vary widely in chemical
output, making compliance with emissions and toxic waste limits diffi-
cult. These facilities are effectively solid waste management facilities
which contravene New York's goals to increase recycling rates. These
types of facilities are different from other energy generating facili-
ties in that, through truck traffic, there is the importation of waste
on a daily basis.

Construction of the largest trash incinerator in New York State is
proposed for the Finger Lakes region, under an expedited permitting
process for siting electricity generating facilities. Siting a trash
incinerator in the Finger Lakes region, with the associated impacts of
air and ash pollution, will significantly damage the local tourism,
winery and agriculture industries as well as the lakes and farmland
throughout the area. In an area where three of the largest landfills in
NYS are located, this is an unacceptable area for a project of this
nature. Over 3 million tons of trash per year are located in this area
and the cumulative impact of adding more imported waste would have an
extremely negative effect on the public health and safety of the commu-
nity, the local businesses and the lakes.  This legislation would
prohibit a waste to energy facility from receiving a certificate of
compatibility and public need or a negative declaration under the New
York State Environmental Quality Review Act (SEQRA) if the criteria
listed above are met.

 
LEGISLATIVE HISTORY:

2018: S.8109-B passed Senate/A.11214 referred to Rules

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after February 1, 2018 and shall not
apply to any facility in operation as of such date.

S2270A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2270--A
    Cal. No. 169

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 23, 2019
                               ___________

Introduced  by  Sens. MAY, HELMING, FUNKE, HOYLMAN, O'MARA -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Energy and  Telecommunications  --  reported  favorably  from  said
  committee,  ordered  to first report, amended on first report, ordered
  to a second report and ordered reprinted, retaining its place  in  the
  order of second report

AN  ACT in relation to creating the "Finger Lakes community preservation
  act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. It is the intent of this Legislature to
protect  the  Finger Lakes region from the adverse effects of the siting
of newly constructed incineration facilities, including but not  limited
to:  air  and  ash pollution, the additional traffic on the public roads
and damage to local tourism, winery and agriculture industries  as  well
as the lakes and farmland throughout the area. In an area where three of
the  largest landfills in New York State are located, over three million
tons of trash per year are imported into the Finger Lakes and the  cumu-
lative  impact of adding more imported waste for incineration would have
an extremely negative effect on the public  health  and  safety  of  the
community,  the  local businesses and the lakes. The Finger Lakes region
is a thriving agriculture-tourism region in  the  state  serving  as  an
economic  engine  with  over  one  billion  dollars  ($1,000,000,000) of
investment in the region and has created over 25,000 jobs.
  The Legislature hereby determines that the public interest requires  a
prohibition  on  the siting of newly constructed incineration facilities
in the Finger Lakes region.
  § 2. Short title. This act shall be known and  may  be  cited  as  the
"Finger Lakes community preservation act".
  §  3.  Definitions.  For the purposes of this act, the following terms
shall have the following meanings:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD04980-03-9

S. 2270--A                          2

  a. "Incineration facility" shall mean a facility which generates elec-
tricity from the combustion, gasification or pyrolysis of solid waste or
from fuel from solid waste, provided that such term  shall  not  include
any  facility constructed or in operation prior to the effective date of
this act.
  b.  "Solid  waste  management  facility" has the meaning set forth for
such term in subdivision 2  of  section  27-0701  of  the  environmental
conservation law.
  §  4. Permits and certificates. Notwithstanding any other law, rule or
regulation to the contrary, no certificate of environmental compatibili-
ty and public need shall be issued for the construction or operation  of
a  new  incineration  facility,  and no application for such certificate
shall proceed for such a facility, and no permit or  any  other  certif-
icate  shall be issued or granted by the state to such a facility if all
of the following criteria exist or are met:
  a. The incineration facility is within the Oswego  River/Finger  Lakes
Watershed.
  b.  There  is  at  least  one landfill or other solid waste management
facility permitted by the department of environmental  conservation  and
operating  or  located  within  a  fifty mile radius of the incineration
facility.
  c. The incineration facility is within 10 miles of a  priority  water-
body  as  designated  by  the  department of environmental conservation,
pursuant to section 17-1407 of the environmental conservation law.
  § 5. Severability. The provisions of this act shall be severable,  and
if  any  clause,  sentence,  paragraph,  subdivision or part of this act
shall be adjudged by any court of competent jurisdiction to be  invalid,
such judgment shall not affect, impair or invalidate the remainder ther-
eof  but  shall  be  confined  in its operation to the clause, sentence,
paragraph, subdivision or part thereof directly involved in the  contro-
versy in which such judgment shall have been rendered.
  §  6.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after February  1,  2018,  and
shall not apply to any facility in operation as of such date.

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The New York State Senate

senate Bill S2270A

Sponsored By

Archive: Last Bill Status Via A5029 - Signed by Governor

Your Voice

Actions

Votes

Mar 20, 2019 - floor Vote

Floor Vote: Mar 20, 2019

Feb 27, 2019 - Energy and Telecommunications committee Vote

Committee Vote: Feb 27, 2019

Bill Amendments

Co-Sponsors

S2270 - Details

S2270 - Summary

S2270 - Sponsor Memo

S2270 - Bill Text download pdf

Co-Sponsors

S2270A (ACTIVE) - Details

S2270A (ACTIVE) - Summary

S2270A (ACTIVE) - Sponsor Memo

S2270A (ACTIVE) - Bill Text download pdf

Comments

Related Recent Legislation

Related Issues

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senate Bill S2270A

Share this bill

Sponsored By

Archive: Last Bill Status Via A5029 - Signed by Governor

Your Voice

Actions

Votes

Mar 20, 2019 - floor Vote

Floor Vote: Mar 20, 2019

Feb 27, 2019 - Energy and Telecommunications committee Vote

Committee Vote: Feb 27, 2019

Bill Amendments

Co-Sponsors

S2270 - Details

S2270 - Summary

S2270 - Sponsor Memo

S2270 - Bill Text download pdf

Co-Sponsors

S2270A (ACTIVE) - Details

S2270A (ACTIVE) - Summary

S2270A (ACTIVE) - Sponsor Memo

S2270A (ACTIVE) - Bill Text download pdf

Comments

Related Recent Legislation

Related Issues

Related News

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Press Release

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